This page contains descriptions of and links to all BOLI Final Orders issued since May 19, 2014, listed in reverse chronological order of issuance, with the most recent case listed first. Except for the most recent cases, all Final Orders can also be found in published volumes of BOLI Orders.

Frehoo, Inc. dba Stars Cabaret & Steak House, Pamela Colburn, Lisa Heinzman-Myers, Jon
Herkenrath, Randy Kaiser, Todd Mitchell, and Jeff Struhar (October 5, 2017) (Case No. 37-16).​ ​The Agency established by a preponderance of the evidence that Respondent Frehoo, Inc. (“​Frehoo”), an adult entertainment club featuring nude female dancers, subjected a 15-year-old female dancer to unlawful sexual harassment by Frehoo’s customers in violation of ORS 659A.030(1)(b) and OAR 839-005-0030(5), (7). The forum also concluded that Respondents Jon Herkenrath, Randy Kaiser, Todd Mitchell, and Jeff Struhar aided and abetted the unlawful sexual harassment. ORS 659A.030(1)(g). Respondents Pamela Colburn and Lisa Heinzman-Myers are not liable as aiders and abettors. The forum awarded the aggrieved person $1,000,000 in compensatory damages for the mental and physical suffering she experienced as a result of the unlawful conduct. The forum also ordered Respondents Frehoo, Herkenrath, Kaiser, Mitchell and Struhar to cease and desist from continuing to violate laws pertaining to discrimination because of sex and sexual harassment in the workplace. ORS 659A.050(2), (4). Cite this case as 36 BOLI Orders 43 (2017).​

Brown's
Architectural Sheetmetal, Inc., Brun Metals Company, LLC, and Marc Brown ​(June 19, 2017)(Case No. 81-15). ​The Agency’s Notice of Intent (“NOI”) alleged that Respondents Brown Architectural (“BAS”) and Brun Metals, LLC (“BMC”) employed four workers on two public works projects (“EG” and “ACMA”) and (1) intentionally failed to pay them the prevailing wage rate; (2) failed to file certified payroll reports; and (3) took action to circumvent payment of the prevailing wage rate. The NOI sought $52,270.60 in civil penalties and debarment of BAS, BMC, and Marc Brown. The forum held: (1) BMC was the workers’ sole employer; (2) Respondents did not violate Oregon’s prevailing wage rate law with respect to certified payroll reports or circumvention; (3) BMC failed to pay the prevailing wage rate to the four workers at EG and ACMA; and (4) BMC’s failure was not intentional. The forum assessed $4,270.60 in civil penalties against BMC based on its failure to pay the prevailing wage rate and did not debar Respondents. Cite this case as 36 BOLI Orders 13 (2017).​

Oregon Fir Millwork, Inc. (March 21, 2017)(Case No. 26-17). Six wage claimants worked for Respondent in March, April, and May 2016. They earned $26,317.07 in wages, including $503.25 in overtime wages, and were paid nothing. The forum awarded claimants $26,317.07 in unpaid wages. Respondent’s failure to pay claimants was willful and claimants were awarded a total of $22,994.40 in ORS 652.140 penalty wages. Two of the claimants who worked overtime were also awarded $7,320.00 in ORS 653.055 civil penalties. Cite this case as 36 BOLI Orders 2 (2017).

OSBCTC requested a Determination as to whether the proposed project to
construct a new hospital in Newport, Oregon would be a public works on which
payment of the prevailing rate of wage is or would be required under ORS
279C.840.The Agency correctly determined
that the proposed new hospital project is not a public works project under ORS
279C.800(6)(a)(A)(2015).Therefore,
payment of the prevailing rate of wage to workers on the project would not be
required under ORS 279C.840.Cite this case as35 BOLI Orders 271 (2017).

The Agency’s two charging documents alleged that Respondents committed numerous violations of Oregon’s prevailing wage rates laws on two public works projects and sought to assess $354,514.70 and $15,000, respectively, for Respondents’ alleged violations on the two projects and to place all Respondents on the Commissioner’s list of contractors ineligible to receive any contract or subcontract for public works for a period of three years from the date of publication of their names on that list (“debarment”).

On the first project (case no. 62-15), the forum found that Respondents Green Thumb Landscape and Maintenance, Inc. (“GTM”) and Green Thumb LLC (“GTL”) were joint employers and violated ORS 279C.840(1), OAR 839-025-0035, OAR 839-025-0040, ORS 279C.845, OAR 839-025-0010, ORS 279C.850, OAR 839-025-0030, ORS 653.045(1)&(2), OAR 839-020-0083, ORS 653.261, and OAR 839-020-0030 and assessed $36,852.03 in civil penalties against GTM and GTL. The forum also found that GTM and GTL intentionally failed to pay three workers the prevailing wage rate and that Scott Friedman and Jennifer Friedman were corporate officers responsible for the nonpayment and imposed debarment on all four Respondents, plus Green Thumb Landscaping and GT General Contracting, businesses in whom GTM and GTL have a financial interest, for three years.

On the second project (case no. 15-16), the forum found that GTM and CJ Construction (“CJ”) were joint employers who committed three violations of ORS 279C.845 and OAR 839-025-0010 and assessed $6,500 in civil penalties. The forum found that these three certified payroll violations did not constitute intentional falsification and that GTM and CJ did not fail to pay their workers the prevailing wage rate and did not impose debarment on Respondents. The charges against GTL and both Friedmans were dismissed.

Although CJ did not intentionally fail to pay its workers the prevailing wage rate or intentionally falsify certified payroll reports, CJ was debarred pursuant to ORS 279C.860 and OAR 839-025-0085 because Jennifer Friedman, a person debarred in case no. 62-15, has a financial interest in CJ.

Cite this case as35 BOLI Orders 178 (2017).

Coast 2 Coast Construction, LLC (January 26, 2017), Case No. 59-16, appeal pending. Four claimants filed wage claims with the Agency in which they alleged that Respondent had employed them and not paid them all the wages they had earned. When Respondent produced no records to show the hours worked and amounts paid to the claimants, the forum relied on the credible testimony of three claimants to determine that they were owed $133.00, $437.25, and $4,531.50, respectively, in unpaid, due, and owing wages in the amounts. The three claimants were awarded $3,360.00, $3,960.00, and $4,320.00 in ORS 652.150 penalty wages. One of those claimants was also awarded $4,320.00 as an ORS 653.055 civil penalty because some of his unpaid wages were overtime wages. The forum awarded no unpaid wages to the fourth claimant because his testimony as to his hours worked and the amount of wages he was paid was not credible and there were no credible records on which to base an award of unpaid wages. Cite this case as35 BOLI Orders 151 (2017).

PDX Glass, LLC (November 22, 2016), Case No. 56-16. Respondent employed three wage claimants at the agreed rate of $12 per hour and failed to pay them all wages due and owing. Respondent was ordered to pay Claimants a total of $2,196 in unpaid, due and owing wages. Respondent willfully failed to pay these wages and was ordered to pay Claimants $2,880 each in ORS 652.150 penalty wages. Cite this case as 35 BOLI Orders 140 (2016).

X Wall Incorporated (September 21, 2016), Case No. 42-16. Respondent violated ORS 653.045(2) and OAR 839-020-0083 by failing to provide records requested by the Agency that were related to the employment of two workers. No civil penalties were assessed because the Agency did not allege that the violation was “willful.” Cite this case as 35 BOLI Orders 133 (2016).

The Agency’s Order of Determination ("OOD") alleged that four wage claimants worked on two public works projects ("ACMA" and "EG"), that Claimants were entitled to be paid the prevailing wage rate for their work on both projects, that they were paid a lesser agreed rate, and that Respondents were Claimants’ joint employers. The OOD sought unpaid wages consisting of the difference between Claimants’ agreed rates and the appropriate prevailing wage rate, liquidated damages, and penalty wages. The forum held: (1) Respondents were not joint employers of Claimants, who were only employed by Brun Metals; (2) Claimants were entitled to be paid the prevailing wage rate for all their work that was physical or manual labor within a trade classification at both projects; (3) Respondent Brun is liable to pay $18,139.81 in unpaid wages and $18,139.81 in liquidated damages for Claimants’ work on the ACMA project; (4) Respondent Brun is liable to pay one Claimant $1,104.96 in unpaid wages and $1,104.96 in liquidated damages for work on the EG project but is not liable to pay unpaid wages on the EG project to the other three Claimants because the Agency did not meet its burden of proof to show the amount and extent of their work subject to the prevailing wage rate; and (5) Respondent Brun’s failure to pay the unpaid wages was willful and Claimants are entitled to $27,480.00 in penalty wages. The Charges against Brown’s Architectural Sheetmetal were dismissed. Cite this case as35 BOLI Orders 68 (2016).

Portland Flagging, LLC; A D Traffic Control Services, LLC; Tri-Star Flagging, LLC; Portland Safety Equipment, LLC; Phoenix Construction Group, Inc.; SBG Construction Services LLC; GNC Construction Services LLC; Evan Williams and Kenya Smith aka Kenya Smith-Williams (May 20, 2016), Case No. 14-14. Respondents Portland Flagging, LLC, A D Traffic Control Services, LLC and Tri-Star Flagging, LLC failed to pay the prevailing wage rate to 36 workers who performed flagging work during the construction of the Sellwood Bridge, a public works project, when timely deposits were not paid to the workers’ fringe benefit accounts. Civil penalties of $27,046.60 were imposed on Portland Flagging, A D Traffic and Tri-Star for failing to pay the prevailing wage rate. Additionally, civil penalties of $51,000 were assessed against Portland Flagging, A D Traffic and Tri-Star for filing 51 inaccurate certified payroll reports, and an additional civil penalty of $1,000 was imposed for failing to submit a certified payroll statement for the week ending December 8, 2012. Civil penalties were not assessed against Portland Flagging, A D Traffic and Tri-Star for making unlawful payroll deductions because the statute and administrative rule cited in the Agency’s charging document did not provide for an assessment of civil penalties for those violations. Portland Flagging, A D Traffic and Tri-Star were placed on the list of ineligibles to receive public contracts for a period of three years because they failed to pay the appropriate prevailing wage and the prime contractor paid those amounts. As the corporate officer responsible for the intentional falsification of certified payroll statements, Respondent Evan Williams was placed on the list of ineligibles to receive public contracts for a three year period. Cite this case as 35 BOLI Orders 11 (2016).

Respondent Portland Flagging, A D Traffic Control Services, and Tri-Star failed to pay the prevailing wage rate to two workers on public works projects when they did not make timely payments to the workers’ fringe benefit accounts. On behalf of one worker, the Commissioner ordered Portland Flagging and A D Traffic to pay remaining unpaid wages and liquidated damages in the amount of $2,069.00 plus interest. On behalf of a second worker, the Commissioner ordered Portland Flagging and A D Traffic to pay remaining unpaid wages and liquidated damages in the amount of $3,357.74 plus interest, and ordered Tri-Star to pay $404.78 plus interest. Cite this case as34 BOLI Orders 244 (2016).

In the Matter of Blue Gryphon, LLC, and Flora Turnbull (November 24, 2015), Case No. 20-15. Complainant was suspended and discharged because he reported that Blue Gryphon, the adult foster care home that employed him, had an inadequate food supply for its residents. The forum awarded Complainant $1,620 in back pay and $20,000 for his emotional and mental suffering. The forum also required Respondent Turnbull, Blue Gryphon's manager and sole member, to undergo approved training on Oregon's whistleblower laws. Cite this case as 34 BOLI Orders 216 (2015).

Respondent Portland Flagging, LLC failed to pay the prevailing wage rate to two workers on a public works project when it did not make timely payments to the workers’ fringe benefit accounts. The Commissioner assessed $2000 in civil penalties against Portland Flagging for its failure to pay the prevailing wage rate. Cite this case as34 BOLI Orders 208 (2015).

In the Matter of Hey Beautiful Enterprises, Ltd. and Kimberly Schoene (July 21, 2015), Case No. 41-15. Complainant, an esthetician, was employed by Respondent Hey Beautiful Enterprises, Ltd. ("HBE"), which paid its employees every week. After three weeks, Complainant had worked 129 hours and earned $1,161 in wages but had been paid nothing. When Complainant told her manager that she had called the Better Business Bureau to ask advice about getting paid, her employment status was reduced from fulltime to on-call. The next day, when Complainant visited BOLI to inquire about filing a wage claim, she was discharged. The Commissioner concluded that HBE violated ORS 652.355, OAR 839-010-0100(4),ORS 659A.199, OAR 839-010-0100(4), ORS 659A.030(1)(f), and OAR 839-050-0125(2) in changing Complainant’s employment status from fulltime to on-call and discharging Complainant. Respondent Schoene, HBE’s president, was responsible for these unlawful employment practice, thereby violating ORS 659A.030(1)(g) by aiding and abetting HBE’s actions. Complainant was awarded $10,000 in damages for mental and emotional distress stemming from Respondents’ unlawful employment practices and $644.00 for lost wages and tips. Cite this case as34 BOLI Orders 188 (2015).

In the Matter of Melissa Klein and Aaron Klein, dba Sweetcakes by Melissa (July 2, 2015), Case Nos. 44-14 & 45-14, appeal pending. The Agency’s Formal Charges alleged that Respondents refused to make a wedding cake for two Complainants based on their sexual orientation and that Respondents published and displayed a communication to that effect, in violation of ORS 659A.403 and ORS 659A.409. In addition, the Formal Charges alleged that Aaron Klein aided and abetted Melissa Klein in the commission of those violations. The Commissioner held that: (1) A. Klein, acting on behalf of Sweetcakes by Melissa, refused to make a wedding cake for Complainants based on their sexual orientation, thereby violating ORS 659A.403; (2) M. Klein did not violate ORS 659A.403; and (3) A. Klein did not aid and abet M. Klein in violation of ORS 659A.406. The Commissioner reversed the ALJ’s ruling on summary judgment motions that neither A. nor M. Klein violated ORS 659A.409 and held that both A. and M. Klein violated ORS 659A.409. As partners, A. Klein and M. Klein were held jointly and severally liable for all violations. Complainants were awarded $75,000 and $60,000, respectively, in damages for emotional and mental suffering resulting from the denial of service. Finally, Respondents were ordered to cease and desist from publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of a place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of sexual orientation. Cite this case as 34 BOLI Orders 80 (2015).

In the Matter of Leo Thomas Ryder dba Leo's BBQ Bar & Grill (July 1, 2015), Case No. 21-15. In a default case, the Agency proved that Respondent fired Complainant because she suffered an on-the-job injury and utilized the provisions of ORS chapter 656. The forum awarded Complainant $22,092 in back pay and lost tips and $120,000 in emotional, mental, and physical suffering damages. Respondent was also ordered to undergo training on the correct interpretation and application of the Oregon laws pertaining to injured workers. Cite this case as 34 BOLI Orders 67 (2015).

In the Matter of Autoteam, LLC, Global Auto Motors, LLC, and Drive Credit, LLC (March 31, 2015), Case No. 01-15. Although credible evidence established that Respondent Autoteam employed Claimant, the evidence was not sufficiently reliable to support the number of work hours claimed or whether the Claimant was paid for all hours worked. Based on the lack of evidence establishing that Respondents failed to pay Claimant for all wages owed, the Amended Order of Determination alleging unpaid wages, penalty wages and civil penalties was dismissed. Cite this case as34 BOLI Orders 44 (2015).

In the Matter of Kara Johnson dba Duck Stop Market (November 6, 2014), Case No. 30-14, appeal pending. Complainant, an individual with multiple disabilities who has been prescribed a service dog and uses service dogs to mitigate her disabilities, was not allowed to shop in Respondent’s convenience store in April 2013 while accompanied by her service dogs. Respondent violated ORS 659A.142(4). The forum awarded Complainant $60,000 in damages for physical, emotional, and mental suffering. Cite this case as 34 BOLI Orders 2 (2014).

In the Matter of CSRT LLC and Robert Sabo (August 28, 2014), Case No. 38-14. Respondent CSRT employed Claimant from November 15, 2012, through May 15, 2013, at the agreed rate of $20 per hour. Claimant earned a total of $10,400.00 and was paid nothing for her work. Respondents CSRT and Robert P. Sabo were ordered to pay Claimant $10,400.00 in unpaid, due and owing wages. CSRT and Sabo, as a successor in interest to CSRT, willfully failed to pay these wages and were ordered to pay Claimant $4,800.00 in ORS 652.150 penalty wages. Cite this case as 33 BOLI Orders 263 (2014).

In the Matter of Charlene Anderson dba Domestic Rescue (June 27, 2014), Case No. 41-14. Respondent, who operated a house-cleaning business, employed Claimant as a house cleaner. During the weeks at issue, Respondent failed to pay Claimant any of the wages owing to her. Claimant terminated her employment. Notice was sent to the Respondent, who did not dispute that she owed wages, but did object to the hourly rate claimed, which the Agency proved was $10 per hour. Claimant was not paid for 38 hours worked and is owed $380 in unpaid, due and owing wages. The failure to pay Claimant her wages due and owing at the time of termination was willful and Respondent was ordered to pay Claimant $2,400 in penalty wages. Cite this case as 33 BOLI Orders 253 (2014).

In the Matter of Multnomah County Sheriff's Office (May 19, 2014), Case No. 01-14. Complainant, who qualified as a disabled veteran under Oregon’s Veterans’ Preference Law, ORS 408.225 through 408.237, was one of three applicants, all sergeants with Respondent’s office, who applied for a promotion to Law Enforcement Lieutenant. Complainant was not hired. Respondent did not comply with the Law in that it failed to devise and apply methods to give special consideration in the hiring decision to veterans and disabled veterans. Damages for emotional distress were awarded in the amount of $50,000, and Respondent was ordered to comply with the law and train its staff. Cite this case as 33 BOLI Orders 220 (2014).